Page 39 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ

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may, after consultation with the Committee, transmit to the specialized agencies concerned copies of
such parts of the reports as may fall within their field of competence.

4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It
shall transmit its reports, and such general comments as it may consider appropriate, to the States
Parties. The Committee may also transmit to the Economic and Social Council these comments along
with the copies of the reports it has received from States Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to the Committee observations on any
comments that may be made in accordance with paragraph 4 of this article.

Article 41

1. A State Party to the present Covenant may at any time declare under this article that it recognizes
the competence of the Committee to receive and consider communications to the effect that a State
Party claims that another State Party is not fulfilling its obligations under the present Covenant.
Communications under this article may be received and considered only if submitted by a State Party
which has made a declaration recognizing in regard to itself the competence of the Committee. No
communication shall be received by the Committee if it concerns a State Party which has not made
such a declaration. Communications received under this article shall be dealt with in accordance with
the following procedure:

(a) If a State Party to the present Covenant considers that another State Party is not giving effect to
the provisions of the present Covenant, it may, by written communication, bring the matter to the
attention of that State Party. Within three months after the receipt of the communication the receiving
State shall afford the State which sent the communication an explanation, or any other statement in
writing clarifying the matter which should include, to the extent possible and pertinent, reference to
domestic procedures and remedies taken, pending, or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months
after the receipt by the receiving State of the initial communication, either State shall have the right to
refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available
domestic remedies have been invoked and exhausted in the matter, in conformity with the generally
recognized principles of international law. This shall not be the rule where the application of the
remedies is unreasonably prolonged;

(d) The Committee shall hold closed meetings when examining communications under this article;

(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices
to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect
for human rights and fundamental freedoms as recognized in the present Covenant;

(f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to
in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be
represented when the matter is being considered in the Committee and to make submissions orally
and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph
(b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report
to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its
report to a brief statement of the facts; the written submissions and record of the oral submissions